La. Admin. Code tit. 48, § I-17111 - Investigation and Service Planning
A.
Investigation. Reports accepted by Adult Protective Services for investigation
shall be prioritized according to
§17109 of this Rule. The subsequent
investigation and assessment shall determine if the situation and condition of
the adult requires further action and shall include determining the nature,
extent, and cause of the abuse, neglect, exploitation, extortion, identifying
the person or persons responsible for abuse, neglect, exploitation, or
extortion, if known; if possible, interviewing the individual and visiting the
individual's home or the location where the incident occurred. The
investigation or assessment shall also include consultation with others having
knowledge of the facts of the case. An Adult Protection worker shall have
access to any records or documents including client-identifying information and
medical, psychological, criminal or financial records necessary to the
performance of the agency's duties without cost and without unnecessary delay.
APS may petition a court of competent jurisdiction for such documents if access
to them is refused. A report of the investigation shall be prepared, which
contains an assessment of the individual's present condition/status.
B. Service Plan. The Protective Service
worker will be responsible for developing a service plan based upon the case
determination. If, at the end of the investigation, it is determined that the
individual has been abused, neglected, exploited, and/or extorted by other
parties, and that the problem cannot be remedied by extrajudicial means, Adult
Protective Services shall refer the matter to the local district attorney's
office. Evidence must be presented, together with an account of the protective
services given or available to the individual, and a recommendation as to what
services, if ordered, would eliminate the abuse/neglect.
C. Right to Refuse Services. Protective
services may not be provided in cases of self-neglect to any individual who
does not consent to such services or who, having consented, withdraws such
consent. Nothing herein shall prohibit Adult Protective Services, the district
attorney, the coroner, or the judge from petitioning for interdiction pursuant
to Civil Code, Articles 389 through 399 or petitioning for an order for
protective custody or for judicial commitment pursuant to R.S. 28.50 et seq.,
seeking an order for emergency protective services pursuant to
R.S.
15:1511, or prohibit the district attorney
from seeking an order for involuntary protective services pursuant to
R.S.15:1508(B)(5).
Notes
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